Kansas 2023-2024 Regular Session

Kansas Senate Bill SB305 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	SENATE BILL No. 305
3	3	By Committee on Federal and State Affairs
4	4	3-8
5	5	AN ACT concerning health professions and practices; enacting the
6	6	massage therapist licensure act; providing for regulation and licensing
7	7	of massage therapists; prescribing powers, duties and functions of the
8	8	state board of healing arts.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. Sections 1 through 17, and amendments thereto, shall be
11	11	known and may be cited as the massage therapist licensure act.
12	12	Sec. 2. As used in the massage therapist licensure act:
13	13	(a) "Act" means the massage therapist licensure act.
14	14	(b) "Board" means the state board of healing arts.
15	15	(c) "Compensation" means the payment, loan, advance, donation,
16	16	contribution, barter, deposit or gift of money or anything of value.
17	17	(d) "Licensed massage therapist" means an individual who meets the
18	18	requirements of the massage therapist licensure act and who engages in the
19	19	practice of massage therapy.
20	20	(e) "Massage school" means a massage therapy educational program
21	21	that meets the standards for training and curriculum as set forth by the
22	22	state board of regents under the Kansas private and out-of-state
23	23	postsecondary educational institution act or comparable legal authority in
24	24	another state.
25	25	(f) "Massage therapy" and "massage" means a healthcare service
26	26	involving the external manipulation or pressure of soft tissue for
27	27	therapeutic purposes. It is the application of a system of structured touch,
28	28	pressure, movement and holding of the soft tissue of the human body in
29	29	which the primary intent is to relieve pain, improve circulation, relieve
30	30	stress, increase relaxation and enhance or restore the health and well-being
31	31	of the client. The practice of "massage therapy" includes complementary
32	32	methods, including the external application of water, heat, cold,
33	33	lubrication, salt scrubs, body wraps or other topical preparations and
34	34	electromechanical devices that mimic or enhance the actions of humans.
35	35	(1) "Massage" or "massage therapy" does not include:
36	36	(A) Medical or nursing diagnosis of injury, illness or disease;
37	37	(B) therapeutic exercise;
38	38	(C) chiropractic diagnosis of injury, illness or disease and treatment
39	39	including chiropractic joint adjustment;
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76	76	(D) physical therapy joint mobilization or manipulation;
77	77	(E) electrical stimulation or application of ultrasound; or
78	78	(F) dispensing or issuing prescriptions or pharmaceutical agents.
79	79	(2) "Massage" or "massage therapy" includes, but is not limited to:
80	80	(A) Development, implementation and modification of a massage
81	81	therapy treatment plan that addresses the client's soft tissue manifestations,
82	82	needs and concerns including identifying indications, contraindications
83	83	and precautions of massage therapy within the scope of the massage
84	84	therapist licensure act;
85	85	(B) obtaining informed consent regarding the risks and benefits of the
86	86	massage therapy treatment plan and application and modification of the
87	87	massage therapy treatment plan as needed;
88	88	(C) using effective interpersonal communication in the professional
89	89	relationship;
90	90	(D) utilizing an ethical decision-making process that conforms to the
91	91	ethical standards of the profession, as set forth in the massage therapist
92	92	licensure act and in rules and regulations adopted by the board;
93	93	(E) establishing and maintaining a practice environment that provides
94	94	for the client's health, safety and comfort; and
95	95	(F) establishing and maintaining client records, professional records
96	96	and business records in compliance with standards of professional conduct
97	97	as required by rules and regulations adopted by the board.
98	98	(g) "Licensed massage therapist" means an individual who meets the
99	99	requirements of the massage therapist licensure act and who engages in the
100	100	practice of massage therapy.
101	101	(h) "Professional massage therapy association" or "bodywork therapy
102	102	association" means a state or nationally chartered professional membership
103	103	organization that has been recognized by the board as offering services to
104	104	massage therapists and that requires that its members adhere to the
105	105	organization's established code of ethics and standards of practice.
106	106	Sec. 3. Upon application to the board and the payment of the required
107	107	fees, an applicant for a license as a massage therapist may be licensed as a
108	108	massage therapist if the applicant meets all the requirements of the
109	109	massage therapist licensure act and provides documentation acceptable to
110	110	the board that the applicant:
111	111	(a) Has obtained a high school diploma or its equivalent;
112	112	(b) is 18 years of age or older;
113	113	(c) has no other record of disqualifying conduct as defined by the
114	114	board;
115	115	(d) is a citizen or legal permanent resident of the United States;
116	116	(e) has successfully completed a course of instruction approved by
117	117	the board consisting of at least 625 in-classroom hours of supervised
118	118	instruction, including massage therapy technique and theory,
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162	162	contraindications, ethics, sanitation, hygiene, business training, anatomy,
163	163	physiology and pathology; and
164	164	(f) has successfully passed, including prior to the effective date of the
165	165	massage therapist licensure act, a nationally recognized competency
166	166	examination in massage therapy that meets acceptable psychometric
167	167	principles, is statistically validated through a job-task analysis under
168	168	current standards for educational and professional testing and has been
169	169	approved by the board.
170	170	Sec. 4. Prior to July 1, 2024, the board shall commence a
171	171	grandfathering period for currently practicing massage therapists in the
172	172	state of Kansas. The board shall issue a license as a massage therapist to
173	173	any individual who meets the requirements of section 3(a), (b), (c) and (d),
174	174	amendments thereto, and one of the following requirements verified to the
175	175	board by affidavit that the individual has:
176	176	(a) Completed a minimum of 625 hours of instruction relating to
177	177	massage therapy at a massage school or comparable entity in another state;
178	178	(b) completed at least 300 hours of training in massage therapy
179	179	during the three years immediately preceding such individual's license
180	180	application;
181	181	(c) practiced massage therapy for at least three years;
182	182	(d) been an active member in good standing of a professional
183	183	massage or bodywork therapy association as a massage or bodywork
184	184	therapist for a period of at least 12 months; or
185	185	(e) passed an examination meeting the requirements of section 3(e),
186	186	and amendments thereto, or a nationally recognized certification
187	187	examination.
188	188	Sec. 5. (a) The board may issue a license to practice massage therapy
189	189	as a licensed massage therapist to an applicant who has been duly licensed
190	190	as a massage therapist by examination under the laws of another state,
191	191	territory, the District of Columbia or a foreign country if, in the opinion of
192	192	the board, the applicant meets the qualifications required for licensure as a
193	193	massage therapist in this state. Verification of the applicant's licensure
194	194	status shall be required from the original state of licensure.
195	195	(b) The board may issue a temporary permit to practice massage
196	196	therapy as a licensed massage therapist for a period not to exceed 120
197	197	days. A temporary permit may be issued to an applicant for licensure as a
198	198	licensed massage therapist who is a graduate of a massage school in a
199	199	foreign country after verification of licensure in that foreign country and
200	200	approval of educational credentials.
201	201	Sec. 6. (a) Nothing in the massage therapist licensure act shall:
202	202	(1) Be construed to restrict any individual licensed or regulated by the
203	203	state of Kansas from engaging in the profession or practice for which they
204	204	are licensed or regulated, including, but not limited to, acupuncture,
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248	248	athletic training, barbering, chiropractic, cosmetology, dentistry,
249	249	electrology, esthetics, manicuring, medicine, naturopathic medicine,
250	250	nursing, occupational therapy, osteopathy, physical therapy, podiatry,
251	251	professional counseling, psychology, social work or veterinary medicine or
252	252	any other profession licensed or regulated by the state of Kansas;
253	253	(2) prohibit:
254	254	(A) The practice of massage therapy by an individual employed by
255	255	the government of the United States while the individual is engaged in the
256	256	performance of duties prescribed by the laws and regulations of the United
257	257	States;
258	258	(B) the practice of massage therapy by individuals duly licensed,
259	259	registered or certified in another state, territory, the District of Columbia or
260	260	a foreign country when incidentally called into this state to teach a course
261	261	related to massage therapy or to consult with an individual licensed under
262	262	the massage therapist licensure act;
263	263	(C) students currently enrolled in a massage school while completing
264	264	a clinical requirement or supervised massage therapy fieldwork experience
265	265	for graduation performed under the supervision of an individual licensed
266	266	under the massage therapist licensure act, so long as the student does not
267	267	hold oneself out as a licensed massage therapist and does not receive
268	268	compensation for services performed;
269	269	(D) any individual from performing massage therapy services in the
270	270	state, if those services are performed without compensation and are
271	271	performed in cooperation with a charitable organization or as part of an
272	272	emergency response team working in conjunction with disaster relief
273	273	officials;
274	274	(E) the practice, conduct and activities or services of an individual
275	275	who is employed by a non-resident performance team, entertainer or
276	276	athletic team to the extent that such services or activities are provided
277	277	solely to the team or entertainer in the state for not more than 30 days;
278	278	(F) individuals giving massage to members of such person's
279	279	immediate or extended family without compensation;
280	280	(G) individuals who restrict their manipulation of the soft tissues of
281	281	the human body to the hands, feet or ears and do not hold themselves out
282	282	to be massage therapists; and
283	283	(H) members of any church practicing their religious tenets; or
284	284	(3) be construed to prevent or restrict the practice of any individual in
285	285	this state who:
286	286	(A) Uses touch, words and directed movement to deepen awareness
287	287	of existing patterns of movement in the body and to suggest new
288	288	possibilities of movement while engaged within the scope of practice of a
289	289	profession with established standards and ethics, so long as their services
290	290	are not designated or implied to be massage or massage therapy. Such
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334	334	practices include, but are not limited to: The Feldenkrais method of
335	335	somatic education; the Rolf institute's Rolf movement integration; the
336	336	Trager approach to movement education; and body-mind centering;
337	337	(B) uses touch to affect the energy systems, acupoints or qi meridians
338	338	or channels of energy, of the human body while engaged within the scope
339	339	of practice of a profession with established standards and ethics, provided
340	340	that their services are not designated or implied to be massage or massage
341	341	therapy. Such practices include, but are not limited to: Acupressure; Asian
342	342	bodywork therapy, jin shin do bodymind acupressure; polarity, polarity
343	343	therapy and polarity therapy bodywork; qigong; reiki; shiatsu and tuina; or
344	344	(C) uses touch to effect change in the structure of the body while
345	345	engaged in the practice of structural integration including, but not limited
346	346	to, practitioners of Rolfing structural integration, the Rolf method of
347	347	structural integration and Hellerwork.
348	348	(b) Practitioners described in paragraph (2) shall be recognized by or
349	349	meet the established standards of either a professional organization or
350	350	credentialing body that represents or certifies the respective practice based
351	351	on a minimal level of training, demonstration of competency and
352	352	adherence to ethical standards.
353	353	Sec. 7. (a) An individual licensed under the massage therapist
354	354	licensure act as a massage therapist shall:
355	355	(1) Use the letters "LMT" to identify themselves to patients or the
356	356	public; and
357	357	(2) be authorized to use words that indicate that such individual is a
358	358	massage therapist licensed under the massage therapist licensure act,
359	359	including: "Massage therapist," "massagist," "massotherapist,"
360	360	"myotherapist," "body therapist," "massage technician," "massage
361	361	practitioner," "masseur," "masseuse" or any derivation thereof.
362	362	(b) (1) On and after September 1, 2024, it shall be unlawful for any
363	363	individual who is not licensed under the massage therapist licensure act as
364	364	a massage therapist or whose license has been suspended, revoked or
365	365	lapsed to promote oneself to the public in any manner as a licensed
366	366	massage therapist or to engage in the practice of massage therapy.
367	367	(2) A violation of this subsection is a class B person misdemeanor.
368	368	(3) A violation of this subsection constitutes an unconscionable act or
369	369	practice in violation under K.S.A. 50-627, and amendments thereto,
370	370	whether or not it involves a consumer, a consumer transaction or a
371	371	supplier, as defined in K.S.A. 50-624, and amendments thereto.
372	372	Notwithstanding the provisions of K.S.A. 50-634, and amendments
373	373	thereto, no private right of action under the Kansas consumer protection
374	374	act may be brought alleging a violation of this subsection.
375	375	(c) No statute granting authority to persons licensed or registered by
376	376	the board shall be construed to confer authority upon a massage therapist
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420	420	to engage in any activity not conferred by the massage therapist licensure
421	421	act.
422	422	Sec. 8. (a) A massage therapy advisory committee of six members,
423	423	consisting of two board members and four non-board members, shall be
424	424	established by the board to advise and assist the board in implementing the
425	425	massage therapist licensure act as determined by the board. The advisory
426	426	committee shall meet at least annually. Members of the advisory
427	427	committee shall be paid compensation, subsistence allowances, mileage
428	428	and other expenses as provided in K.S.A. 75-3223(e), and amendments
429	429	thereto, for each day of actual attendance at any meeting of the advisory
430	430	committee or any subcommittee meeting authorized by the board.
431	431	(b) The two board members of the massage therapy advisory
432	432	committee shall be appointed by the board. Three of the non-board
433	433	members of the massage therapy advisory committee shall be massage
434	434	therapists appointed by the board who shall also be United States citizens
435	435	and residents of the state. Not more than one member of the board may be
436	436	an owner of a massage school. The fourth non-board member shall be
437	437	appointed by the Kansas attorney general. The members of the committee
438	438	shall be appointed for terms of two years and shall serve at the pleasure of
439	439	the board.
440	440	Sec. 9. (a) The board shall biennially charge and collect in advance
441	441	fees provided for in the massage therapist licensure act as fixed by the
442	442	board by rules and regulations, subject to the following limitations:
443	443	Application fee, not more than.................................................................$80
444	444	Temporary permit fee, not more than.........................................................25
445	445	License renewal fee, not more than............................................................75
446	446	License reinstatement fee, not more than...................................................80
447	447	Certified copy of license, not more than....................................................25
448	448	Written verification of license, not more than............................................30
449	449	Inactive license fee, not more than.............................................................20
450	450	(b) The board may require that fees paid for any examination under
451	451	the massage therapist licensure act be paid directly to the examination
452	452	service by the individual taking the examination.
453	453	(c) The board shall accept personal checks, certified checks, cashier's
454	454	checks, money orders or credit cards for payment of fees under this
455	455	section. The board may designate other methods of payment but shall not
456	456	refuse payment in the form of a personal check. The board may impose
457	457	additional fees and recover any costs incurred by reason of payments made
458	458	by personal checks with insufficient funds and payments made by credit
459	459	cards.
460	460	Sec. 10. (a) All licenses issued under the provisions of the massage
461	461	therapist licensure act, whether initial or renewal, shall expire every two
462	462	years. The expiration date shall be established by rules and regulations
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506	506	adopted by the board. The board shall send a notice for renewal of license
507	507	to every massage therapist at least 60 days prior to the expiration date of
508	508	such person's license. Every individual so licensed who desires to renew
509	509	such license shall file with the board, on or before the date of expiration of
510	510	such license, a renewal application with the prescribed biennial renewal
511	511	fee. Every licensee who is no longer engaged in the active practice of
512	512	massage therapy may so state by affidavit and submit such affidavit with
513	513	the renewal application. An inactive license may be requested along with
514	514	payment of a fee fixed by rules and regulations of the board. Except for the
515	515	first renewal for a license that expires within 30 months following
516	516	licensure examination or for renewal of a license that expires within the
517	517	first nine months following licensure by reinstatement or endorsement,
518	518	every licensee with an active massage therapy license shall submit with the
519	519	renewal application evidence of satisfactory completion of a program of
520	520	continuing massage therapy education.
521	521	(b) As a condition for renewal of a license, the board shall require
522	522	completion of not more than 24 hours biennially of continuing education
523	523	approved by the board in rules and regulations. Upon receipt of the
524	524	renewal application, payment of fee and evidence of satisfactory
525	525	completion of the required program of continuing massage therapy
526	526	education and upon a finding that the applicant meets the requirements set
527	527	forth by law in effect at the time of initial licensure of the applicant, the
528	528	board shall verify the accuracy of the application and grant renewal of the
529	529	license.
530	530	(c) Continuing education courses shall be offered by providers
531	531	approved by the board. The courses shall be completed within the 24
532	532	months immediately preceding the date renewal is due. Hours in excess of
533	533	the total number required may not be carried over to future renewals. The
534	534	continuing education requirements shall not apply to a massage therapist
535	535	within the biennium during which the massage therapist is first licensed,
536	536	except that such requirements shall apply to licensees every biennium
537	537	thereafter.
538	538	(d) Any individual who fails to secure a license renewal within the
539	539	time specified herein may secure a reinstatement of such lapsed license by
540	540	making verified application therefor on a form provided by the board,
541	541	furnishing proof that the applicant is competent and qualified to act as a
542	542	massage therapist and satisfying all of the requirements for reinstatement,
543	543	including payment to the board of a reinstatement fee as established by the
544	544	board by rules and regulations. An application for reinstatement of a
545	545	license shall be held awaiting completion of documentation as may be
546	546	required, except that such application shall not be held for a period of time
547	547	in excess of that specified in rules and regulations of the board.
548	548	(e) (1) Each licensee shall notify the board in writing of:
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592	592	(A) A change in name or address within 30 days of the change; or
593	593	(B) a conviction of any felony or misdemeanor that is specified in
594	594	rules and regulations adopted by the board within 30 days from the date
595	595	the conviction becomes final.
596	596	(2) As used in this subsection, "conviction" means:
597	597	(A) The entry of a plea or verdict of guilty or a conviction following a
598	598	plea of nolo contendere and without regard to whether the sentence was
599	599	suspended or probation was granted after such conviction;
600	600	(B) a forfeiture of bail, bond or collateral deposited to secure a
601	601	defendant's appearance in court if such forfeiture has not been vacated; or
602	602	(C) entering into a diversion agreement in lieu of further criminal
603	603	proceedings alleging a violation of any offense specified by the board in
604	604	rules and regulations.
605	605	(f) (1) The board shall require an initial applicant for licensure as a
606	606	massage therapist to be fingerprinted and submit to a state and national
607	607	criminal history record check. The fingerprints shall be used to identify the
608	608	applicant and to determine whether the applicant has a record of criminal
609	609	history in this state or another jurisdiction. The board is authorized to
610	610	submit the fingerprints to the Kansas bureau of investigation and the
611	611	federal bureau of investigation for a state and national criminal history
612	612	record check and request subsequent arrest notification services from both
613	613	agencies. The board may use the information obtained from fingerprinting
614	614	and the applicant's criminal history only for purposes of verifying the
615	615	identity of any applicant and in making the official determination of
616	616	character and fitness of the applicant for any licensure to practice massage
617	617	therapy in this state. Any disclosure of a record for a purpose other than
618	618	that provided by this subsection is a class A nonperson misdemeanor and
619	619	shall constitute grounds for removal from office or termination of
620	620	employment.
621	621	(2) Local and state law enforcement officers and agencies shall assist
622	622	the board in the taking and processing of fingerprints of applicants to
623	623	practice massage therapy in this state and shall release all records of an
624	624	applicant's adult convictions and nonconvictions to the board.
625	625	(3) The board shall fix a fee for fingerprinting and conducting a state
626	626	and national criminal history record check of applicants or licensees as
627	627	may be required by the board in an amount necessary to reimburse the
628	628	board for the cost. Fees collected under this subsection shall be remitted to
629	629	the state treasurer in accordance with K.S.A. 75-4215, and amendments
630	630	thereto. Upon receipt of each such remittance, the state treasurer shall
631	631	deposit the entire amount in the state treasury to the credit of the healing
632	632	arts fee fund.
633	633	(4) As used in this subsection, "initial applicant" means an individual
634	634	who has submitted an application for licensure as a massage therapist in
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678	678	this state for the first time.
679	679	Sec. 11. (a) The board may refuse to grant licensure to, or may
680	680	suspend, revoke, condition, limit, qualify or restrict the licensure issued
681	681	under the massage therapist licensure act of any individual whom the
682	682	board, after the opportunity for a hearing, determines:
683	683	(1) Is incompetent to practice massage therapy or is found to engage
684	684	in the practice of massage therapy in a manner harmful or dangerous to a
685	685	client or to the public;
686	686	(2) has been convicted by a court of competent jurisdiction of a
687	687	felony or a misdemeanor crime against persons, even if not related to the
688	688	practice of massage therapy;
689	689	(3) is currently listed on a child abuse registry or an adult protective
690	690	services registry as the result of a substantiated finding of abuse or neglect
691	691	by any state agency, agency of another state or the United States, District
692	692	of Columbia, territory of the United States or another country and the
693	693	applicant or licensee has not demonstrated to the board's satisfaction that
694	694	such person has been sufficiently rehabilitated to merit the public trust;
695	695	(4) has violated a provision of the massage therapist licensure act or
696	696	one or more of the rules and regulations of the board;
697	697	(5) has obtained or attempted to obtain a license or license renewal by
698	698	bribery or fraudulent representation;
699	699	(6) has knowingly made a false statement on a form required by the
700	700	board for license or license renewal;
701	701	(7) has failed to obtain continuing education credits required by rules
702	702	and regulations of the board;
703	703	(8) has been found guilty of unprofessional conduct as defined by
704	704	rules and regulations of the board; or
705	705	(9) has had a registration, license or certificate as a massage therapist
706	706	revoked, suspended or limited, or has had other disciplinary action taken,
707	707	or an application for registration, license or certificate denied by the proper
708	708	regulatory authority of another state or the United States, District of
709	709	Columbia, territory of the United States or another country, with a certified
710	710	copy of the record of the action of the other jurisdiction being conclusive
711	711	evidence thereof.
712	712	(b) Upon filing of a sworn complaint with the board charging an
713	713	individual with having been guilty of any of the unlawful practices
714	714	specified in subsection (a), two or more members of the board shall
715	715	investigate the charges, or the board may designate and authorize an
716	716	employee or employees of the board to conduct an investigation. After
717	717	investigation, the board may institute charges. If an investigation, in the
718	718	opinion of the board, reveals reasonable grounds for believing the
719	719	applicant or licensee is guilty of the charges, the board shall fix a time and
720	720	place for proceedings, and such proceedings shall be conducted in
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764	764	accordance with the provisions of the Kansas administrative procedure act.
765	765	(c) No person shall be excused from testifying in any proceedings
766	766	before the board under the massage therapist licensure act or in any civil
767	767	proceedings under this act before a court of competent jurisdiction on the
768	768	ground that such testimony may incriminate the person testifying, except
769	769	that such testimony shall not be used against the person for the prosecution
770	770	of any crime under the laws of this state excluding the crime of perjury as
771	771	defined in K.S.A. 2022 Supp. 21-5903, and amendments thereto.
772	772	(d) If final agency action of the board in a proceeding under this
773	773	section is adverse to the applicant or licensee, the costs of the board's
774	774	proceedings shall be charged to the applicant or licensee as in ordinary
775	775	civil actions in the district court. If the board is the unsuccessful party, the
776	776	costs shall be paid by the board. Witness fees and costs may be taxed by
777	777	the board according to the statutes relating to procedure in the district
778	778	court. All costs accrued by the board, when it is the successful party and
779	779	the attorney general certifies such costs cannot be collected from the
780	780	applicant or licensee, shall be paid from the healing arts fee fund. All
781	781	moneys collected following board proceedings shall be credited in full to
782	782	the healing arts fee fund.
783	783	(e) The denial, suspension, revocation or limitation of a license or
784	784	public or private censure of a licensee may be ordered by the board after
785	785	notice and hearing on the matter in accordance with the provisions of the
786	786	Kansas administrative procedure act. The board shall also notify the local
787	787	law enforcement agency of a disciplinary action. Upon the end of the
788	788	period of not less than two years for the revocation of a license,
789	789	application may be made to the board for reinstatement. The board shall
790	790	have discretion to accept or reject an application for reinstatement and may
791	791	hold a hearing to consider such reinstatement. An application for
792	792	reinstatement of a revoked license shall be accompanied by the license
793	793	reinstatement fee established under section 9, and amendments thereto.
794	794	(f) The board, in addition to any other penalty prescribed in
795	795	subsection (a), may assess a civil fine, after proper notice and an
796	796	opportunity to be heard, against a licensee for unprofessional conduct in an
797	797	amount not to exceed $1,000 for the first violation, $2,000 for the second
798	798	violation and $3,000 for the third or subsequent violation. All fines
799	799	assessed and collected under this section shall be remitted to the state
800	800	treasurer in accordance with the provisions of K.S.A. 75-4215, and
801	801	amendments thereto. Upon receipt of each such remittance, the state
802	802	treasurer shall deposit the entire amount in the state treasury to the credit
803	803	of the state general fund.
804	804	(g) The board, upon request, shall receive from the Kansas bureau of
805	805	investigation such criminal history record information relating to arrests
806	806	and criminal convictions as necessary for the purpose of determining
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849	849	43 SB 305 11
850	850	initial and continuing qualifications of licensees and applicants for
851	851	licensure by the board.
852	852	Sec. 12. Except as provided in section 10(f)(3) and section 11(f), and
853	853	amendments thereto, the board shall remit all moneys received from fees,
854	854	charges or penalties under the massage therapist licensure act to the state
855	855	treasurer in accordance with the provisions of K.S.A. 75-4215, and
856	856	amendments thereto. Upon receipt of each such remittance, the state
857	857	treasurer shall deposit the entire amount in the state treasury, and 10% of
858	858	each such remittance shall be credited to the state general fund and the
859	859	balance shall be credited to the healing arts fee fund. All expenditures from
860	860	such fund shall be made in accordance with appropriation acts upon
861	861	warrants of the director of accounts and reports issued pursuant to
862	862	vouchers approved by the president of the board or by an individual
863	863	designated by the president of the board.
864	864	Sec. 13. A local unit of government shall not establish or maintain
865	865	professional licensing requirements for a massage therapist licensed under
866	866	the massage therapist licensure act. Nothing in the massage therapist
867	867	licensure act shall affect local zoning ordinances or business license
868	868	requirements. Local government law enforcement agencies may inspect
869	869	massage therapy registrations and the business premises where massage
870	870	therapy is practiced for compliance with applicable laws. Nothing in this
871	871	section shall be construed to preclude criminal investigation and
872	872	prosecution for a violation of any criminal law. If such inspection reveals
873	873	the practice of massage therapy by an individual without a valid license,
874	874	the individual may be charged with a violation of section 6(b), and
875	875	amendments thereto, and the board shall be notified.
876	876	Sec. 14. (a) When it appears to the board that any individual is
877	877	violating any of the provisions of the massage therapist licensure act, the
878	878	board may bring an action in a court of competent jurisdiction for an
879	879	injunction against such violation without regard to whether proceedings
880	880	have been or may be instituted before the board or whether criminal
881	881	proceedings have been or may be instituted.
882	882	(b) The provisions of this section shall take effect on and after
883	883	September 1, 2025.
884	884	Sec. 15. All state agency adjudicative proceedings under the massage
885	885	therapist licensure act shall be conducted in accordance with the
886	886	provisions of the Kansas administrative procedure act and shall be
887	887	reviewable in accordance with the Kansas judicial review act.
888	888	Sec. 16. Professional liability insurance coverage shall be maintained
889	889	in effect by each massage therapist as a condition to rendering professional
890	890	service as a massage therapist in this state. An applicant for initial or
891	891	renewal licensure shall provide proof to the board that the applicant
892	892	currently has professional liability insurance with minimum coverage of
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936	936	$2,000,000 per claim and $6,000,000 in aggregate.
937	937	Sec. 17. On July 1, 2023, nothing in the massage therapist licensure
938	938	act or in the provisions of K.S.A. 40-2,100 through 40-2,105d, and
939	939	amendments thereto, shall be construed to require that any individual,
940	940	group or blanket policy of accident and sickness, medical or surgical
941	941	expense insurance coverage or any provision of a policy, contract, plan or
942	942	agreement for medical service issued on or after July 1, 2023, reimburse or
943	943	indemnify an individual licensed under the massage therapist licensure act
944	944	for services provided as a massage therapist.
945	945	Sec. 18. This act shall take effect and be in force from and after its
946	946	publication in the statute book.
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